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The Occupational Pension Schemes (EEA States) Regulations 2007

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Amendment of the Occupational Pension Schemes (Cross-border Activities) Regulations 2005

This section has no associated Explanatory Memorandum

5.—(1) The Occupational Pension Schemes (Cross-border Activities) Regulations 2005(1) shall be amended in accordance with the provisions of this regulation.

(2) In regulation 2(1) (interpretation)—

(a)for ““host member State”” substitute ““host EEA state””;

(b)in the definition of “qualifying person”—

(i)for “a member State” in both places substitute “an EEA state”;

(ii)for “that member State” substitute “that EEA state”;

(c)in the definition of “qualifying self-employed person”—

(i)for “a member State” substitute “an EEA state”;

(ii)for “that member State” in both places substitute “that EEA state”;

(d)in the definition of “seconded worker” for “a member State” substitute “an EEA state”.

(3) In regulation 3 (meaning of “European employer” and “host member State” in Part 7 of the Pensions Act 2004)—

(a)in paragraph (1)—

(i)for “host member State” substitute “host EEA state”;

(ii)for “that member State” in both places substitute “that EEA state”;

(b)in paragraph (5)—

(i)for ““host member State”” substitute ““host EEA state””;

(ii)for “the member State or States” in both places substitute “the EEA state or states”.

(4) In regulation 12(2) (conditions for approval in relation to particular European employer) for “host member State” substitute “host EEA state”.

(5) In regulation 13 (revocation of approval in relation to particular European employer)—

(a)in paragraphs (1), (4), (5) and (6) for “host member State” in each place where those words appear substitute “host EEA state”;

(b)in paragraph (7) for “host member States” in both places substitute “host EEA states”.

(6) In paragraph 6 of Schedule 1 (additional information to be contained in applications for authorisation or approval)—

(a)in sub-paragraphs (2)(c) and (7)(b), (c), (f), (h) and (i) for “host member State” substitute “host EEA state”;

(b)in sub-paragraph (7)(a) for “member States” substitute “EEA states”.

(1)

S.I. 2005/3381; the relevant amending instrument is S.I. 2007/814.

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